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<br />3. Engineer's Services. The Parties agree that the Project Manager will ensure that all construction <br />work on the Project is performed under the supervision and oversight of the Engineer, including the <br />following: <br />A. The Engineer will coordinate the design and construction of the Project with the Project <br />Manager and the City. <br />B. The Engineer will prepare plans and specifications for the Project in accordance with City <br />design and construction standards ar1d with applicable laws and regulations, and submit them <br />to the Project Manager and the City'for review and approval. The Engineer will assist the <br />Project Manager in obtaining all necessary permits for the Project from authorities having <br />jurisdiction over the Project (including but not limited to the City and railroad companies). <br />C. The Engineer will prepare construction contract documents, and provide to the City a complete <br />set of the documents, executed by the Project Manager and the construction contractor (the <br />"Contractor"). <br />D. 'rhe Engineer will perform periodic inspections of the work in progress at least monthly <br />throughout the construction period, will coordinate the inspections with the City's Department <br />of Environment and Engineering, and will provide written progress reports to all of the Parties <br />based on the inspections. <br />E. The Engineer will review and render timely decisions on all contractor submittals, including <br />shop drawings, samples and as-built drawings. <br />F. The Engineer will review, consult with the City and the Project Manager, and render decisions <br />on all requests by the Contractor for significant changes to the plans, specifications or other <br />construction documents. <br />G. The Engineer will determine the amounts owing to the Contractor based on the Engineer's on- <br />site inspections and on evaluations of the Contractor's applications for payment. <br />I-I. The Engineer will make recommendations to the City on the rejection of work which does not <br />conform to the construction contract documents. <br />I. The Engineer will prepare minor changes in the plans and specifications as, directed by the <br />Project Manager, and notify the City of all such changes; and will prepare necessary change <br />orders for approval by the Project Manager and the City. <br />J. The Engineer will conduct inspections to determine the dates of substantial completion and final <br />completion for the Project, issue final certificates for payment or take other appropriate action, <br />and make a written recommendation to the Project Manager and the City regarding the <br />acceptance of the Project. <br />K. The Engineer will provide periodic repOlis to the Pariies at least monthly on the progress of the <br />Project and any revisions to the Project that have become necessary. <br />L. The Engineer, through the Project Manager, will obtain the approval of all of the Parties for all <br />change orders requiring a budget increase of 5% or more in the construction cost. <br /> <br />4. Construction. The Parties agree that the Project Manager will: <br />A. Obtain all necessary licenses and permits for the Project from authorities having jurisdiction <br />over the Project (including but not limited to the City and railroad companies), and pay all fees <br />related to such permits; <br />B. Procure and maintain a performance bond and payment bond from a surety authorized to do <br />business in Texas, in the full amount of the engineer's estimated construction cost, naming the <br />City as obligee; <br /> <br />2 <br />